Section 378ZN - Amalgamation, merger or division, etc., to form new Producer Companies

Amalgamation and merger powers enable producer companies to transfer assets and liabilities subject to member and creditor approval.

Section 378ZN permits Producer Companies to transfer assets and liabilities, divide, amalgamate or merge subject to a qualified majority resolution, prior written notice to Members and creditors, and a one month dissent option allowing members to transfer shares or creditors to withdraw funds; non exercise equals consent. Effective resolutions vest assets and liabilities in the transferee, provide for governance, capital adjustments, treatment of agreements and recent fraudulent preference transactions, preserve pre existing rights and proceedings, lead to cancellation of registrations and dissolution of transferring entities, and allow aggrieved parties a thirty day appeal to the Tribunal which may stay the reorganisation pending its decision.